This section shall not be construed so as to deprive the legislature or member thereof of the right to propose any measure. The veto power the executive shall not be exercised as to measures referred to a vote of people. This section shall apply to municipalities. The enacting clause all laws approved by vote of the electors of the state shall be: "Be it eted by the people of South Dakota." The legislature shall make suitable visions for carrying into effect the provisions of this section.1

SEC. 2. The number of members of the house of representatives shall not less than seventy-five nor more than one hundred and thirty-five. The uber of members of the senate shall not be less than twenty-five nor more n forty-five.

The sessions of the legislature shall be biennial except as otherwise proed in this Constitution.

SEC. 3. No person shall be eligible to the office of senator who is not a lified elector in the district from which he may be chosen, and a citizen the United States, and who shall not have attained the age of twenty-five rs, and who shall not have been a resident of the state or territory for years next preceding his election.

No person shall be eligible to the office of representative who is not a lified elector in the district from which he may be chosen, and a citizen the United States, and who shall not have been a resident of the state or itory for two years next preceding his election, and who shall not have ined the age of twenty-five years.

No judge or clerk of any court, secretary of state, attorney general, te's attorney, recorder, sheriff or collector of public moneys, member of er house of congress, or person holding any lucrative office under the ted States, or this state, or any foreign government, shall be a member the legislature: Provided, That appointments in the militia, the offices of ary public and justice of the peace shall not be considered lucrative; nor any person holding any office of honor or profit under any foreign govment or under the government of the United States, except postmasters ose annual compensation does not exceed the sum of three hundred dollars, 1 any office in either branch of the legislature or become a member thereof. SEC. 4. No person who has been, or hereafter shall be, convicted of ery, perjury, or other infamous crime. nor any person who has been, or y be collector or holder of public moneys who shall not have accounted for paid over, according to law, all such moneys due from him, shall be ible to the legislature or to any office in either branch thereof.

SEC. 5. The legislature shall provide by law for the enumeration of the abitants of the state in the year one thousand eight hundred and ninetyand every ten years thereafter; and at its first regular session, after each meration and also after each enumeration made by authority of the United tes, but at no other time, the legislature shall apportion the senators and resentatives according to the number of inhabitants, excluding Indians not ed and soldiers and officers of the United States army and navy. Proed, that the legislature may make an apportionment at its first session er the admission of South Dakota as a state.

SEC. 6. The terms of the office of the members of the legislature shall two years; they shall receive for their services the sum of five dollars for h day's attendance during the session of the legislature, and five cents for ry mile of necessary travel in going to and returning from the place of eting of the legislature on the most usual route.

Each regular session of the legislature shall not exceed sixty days, except cases of impeachment, and members of the legislature shall receive no other - or perquisites except per diem and mileage.2

SEC. 7. The legislature shall meet at the seat of government on the first

1 Amendment proposed by the legislature of 1897 and ratified at the election of ember 8, 1898.

* Amendment proposed by the legislature of 1891 and ratified by the electors on ember 8, 1892. The amendment reduced the mileage of members from "ten" to e" cents.

Tuesday after the first Monday of January at 12 o'clock m., in the year ney ensuing the election of members thereof, and at no other time except as je vided by this constitution.

SEC. 8. Members of the legislature and officers thereof, before they eater upon their official duties, shall take and subscribe the following oath of s affirmation: I do solemnly swear (or affirm) that I will support the consti tution of the United States and the constitution of the State of South Dakot: and will faithfully discharge the duties of (senator, represenative or officer › according to the best of my abilities, and that I have not knowingly or interi tionally paid or contributed anything, or made any promise in the nature a bribe. to directly or indirectly influence any vote at the election at whi I was chosen to fill said office, and have not accepted, nor will I accept or receive directly or indirectly, any money, pass, or any other valuable thing, fros any corporation, company or person, for any vote or influence I may give i withhold on any bill or resolution, or appropriation, or for any other offact.

This oath shall be administered by a judge of the supreme or circt) court, or the presiding officer of either house, in the hall of the house to wirej the member or officer is elected, and the secretary of state shall record af file the oath subscribed by each member and officer.

Any member or officer of the legislature who shall refuse to take the « herein prescribed shall forfeit his office.

Any member or officer of the legislature who shall be convicted of hav sworn falsely to, or violated his said oath, shall forfeit his office and disqualified thereafter from holding the office of senator or member of the house of representatives or any office within the gift of the legislature.

SEC. 9. Each house shall be the judge of the election returns and qu fications of its own members.

A majority of the members of each house shall constitute a quorum. a smaller number may adjourn from day to day, and may compel the atte ance of absent members in such a manner and under such penalty as að house may provide.

Each house shall determine the rules of its proceedings, shall choose own officers and employees and fix the pay thereof, except as otherwise vided in this constitution.

SEC. 10. The governor shall issue writs of election to fill such vacat as may occur in either house of the legislature.

SEC. 11. Senators and representatives shall, in all cases except treasel felony or breach of the peace, be privileged from arrest during the sessi of the legislature, and in going to and returning from the same; and i' words used in any speech or debate in either house, they shall not be q tioned in any other place.

SEC. 12. No member of the legislature shall. during the term for whi he was elected, be appointed or elected to any civil office in the state wh shall have been created, or the emoluments of which shall have been incre during the term for which he was elected, nor shall any member receive 21 civil appointment from the governor, the governor and senate, or from th legislature during the term for which he shall have been elected, and all sa appointments and all votes given for any such members for any such de or appointment shall be void; nor shall any member of the legislature duru. the term for which he shall have been elected, or within one year thereafte be interested, directly or indirectly, in any contract with the state or county thereof, authorized by any law passed during the term for which be shall have been elected.

SEC. 13. Each house shall keep a journal of its proceedings and pub the same from time to time, except such parts as require secrecy, and yeas and nays of members on any question shall be taken at the desire of one-sixth of those present and entered upon the journal.

SEC. 14. In all elections to be made by the legislature the members there" shall vote viva voce and their votes shall be entered in the journal.

SEC. 15. The sessions of each house and of the committee of the whole I be open, unless when the business is such as ought to be kept secret. SEC. 16. Neither house shall, without the consent of the other, adjourn more than three days, nor to any other place than that in which the two ses shall be sitting.

SEC. 17. Every bill shall be read three several times, but the first and nd reading may be on the same day, and the second reading may be by of the bill, unless the reading at length be demanded. The first and d readings shall be at length.

SEC. 18. The enacting clause of a law shall be: "Be it enacted by the lature of the State of South Dakota" and no law shall be passed unless assent of a majority of all the members elected to each house of the legis re. And the question upon the final passage shall be taken upon its last ling, and the yeas and nays shall be entered upon the journal.

SEC. 19. The presiding officer' of each house shall, in the presence of the se over which he presides, sign all bills and joint resolutions passed by legislature, after their titles have been publicly read immediately before ing, and the fact of signing shall be entered upon the journal.

SEC. 20. Any bill may originate in either House of the legislature, and ill passed by one house may be amended in the other.

SEC. 21. No law shall embrace more than one subject, which shall be ressed in its title.

SEC. 22. No act shall take effect until ninety days after the adjournment he session at which it passed, unless in case of emergency, (to be expressed the preamble or body of the act) the legislature shall by a vote of twos of all the members elected of each house, otherwise direct.

SEC. 23. The legislature is prohibited from enacting any private or spelaws in the following cases:

1.

2.

Granting divorces.

Changing the names of persons or places, or constituting one person heir at law of another.

3. Locating or changing county seats.

4.

5.

Regulating county and township affairs.

Incorporating cities, towns and villages or changing or amending the rter of any town, city or village, or laying out, opening, vacating or altertown plats, streets, wards, alleys and public ground.

6. Providing for sale or mortgage of real estate belonging to minors or ers under disability.

7.

P.

Authorizing persons to keep ferries across streams wholly within the

8. Remitting fines, penalties or forfeitures.

9. Granting to an individual, association or corporation any special or lusive privilege, immunity or franchise whatever.

10. Providing for the management of common schools.

11.

Creating, increasing or decreasing fees, percentages or allowances public officers during the term for which said officers are elected or apnted.

But the legislature may repeal any existing special law relating to the going subdivisions.

In all other cases where a general law can be applicable no special aw be enacted.

SEC. 24. The legislature shall have no power to release or extinguish in ole or in part, the indebtedness, liability or obligation of any corporation individual to this state, or to any municipal corporation therein.

SEC. 25. The legislature shall not authorize any game of chance, lottery gift enterprise, under any pretense, or for any purpose whatever. SEC. 26. The legislature shall not delegate to any special commission. vate corporation or association, any power to make. supervise or interfere h any municipal improvement, money, property, effects, whether held in st or otherwise, or levy taxes, or to select a capital site, or to perform any nicipal functions whatever.

SEC. 27. The legislature shall direct by law in what manner and in what courts suits may be brought against the state.

SEC. 28. Any person who shall give. demand, offer, directly or indirectly any money, testimonial, privilege or personal advantage. thing of value to any executive or judicial officer or member of the legislature, to influence hi in the performance of any of his official or public duties, shall be guilty of bribery and shall be punished in such manner as shall be provided by law The offense of corrupt solicitation of members of the legislature, or public officers of the state, or any municipal division thereof, and any effort towards solicitation of said members of the legislature, or officers to fluence their official actions shall be defined by law, and shall be punistu by fine and imprisonment.

Any person may be compelled to testify in investigation or judicial p ceedings against any person charged with having committed any offense d bribery or corrupt solicitation, and shall not be permitted to withhold s testimony upon the ground that it may criminate himself, but said testing shall not afterwards he used against him in any judicial proceeding exeșt for bribery in giving such testimony, and any person convicted of either the offenses aforesaid, shall be disqualified from holding any office or postit or office of trust or profit in this state.

ARTICLE IV.

EXECUTIVE DEPARTMENT.

SECTION 1. The executive power shall be vested in a governor who sh hold his office two years. A lieutenant governor shall be elected at the sc time and for the same term.

SEC. 2. No person shall be eligible to the office of governor or lieuten governor except a citizen of the United States and a qualified elector of state, who shall have attained the age of 30 years, and who shall have resi two years next preceding the election within the state or territory; nor sha he be eligible to any other office during the term for which he shall h been elected.

SEC. 3. The governor and lieutenant governor shall be elected by the qu ified electors of the state at the time and places of choosing members of 2 legislature. The persons respectively having the highest number of vid for governor and lieutenant governor shall be elected; but if two or m shall have an equal and highest number of votes for governor or lieutena governor, the two houses of the legislature at its next regular session str forthwith, by joint ballot, choose one of such persons for said office. I: returns of the election for governor and lieutenant governor shall be in such manner as shall be prescribed by law.

SEC. 4. The governor shall be commander-in-chief of the military naval forces of the state, except when they shall be called into the servies of the United States, and may call out the same to execute laws, suppres insurrection and repel invasion. He shall have power to convene the legy lature on extraordinary occasions. He shall, at the commencement of es session, communicate to the legislature by message, information of the e dition of the state, and shall recommend such measures as he shall deerexpedient. He shall transact all necessary business with the officers of government, civil and military. He shall expedite all such measures as a be resolved upon by the legislature, and shall take care that the laws faithfully executed.

SEC. 5. The governor shall have the power to remit fines and forfeiture to grant reprieves, commutations and pardons after conviction, for all offere except treason and cases of impeachment: Provided, that in all cases wher the sentence of the court is capital punishment, imprisonment for life, or fo a longer term than two years, or a fine exceeding two hundred dollars pardon shall be granted, sentence commuted or fine remitted, except up the recommendation in writing of the board of pardons, consisting of th presiding judge, secretary of state and attorney general, after full hear

open session, and such recommendation, with the reasons therefor, shall filed in the office of the secretary of state; but the legislature may by law all cases regulate the manner in which the remission of fines, pardons, mutations and reprieves, may be applied for. Upon conviction for treason shall have the power to suspend the execution of the sentence until the shall be reported to the legislature at its next regular session, when the slature shall either pardon or commute the sentence, direct the execution the sentence or grant a further reprieve. He shall communicate to the slature at each regular session each case of remission of fine, reprieve, unutation or pardon, granted by him in the cases in which he is authorized act without the recommendation of the said board of pardons, stating the ae of the convict, the crime of which he is convicted, the sentence and its e. and the date of the remission, commutation, pardon or reprieve, with reasons for granting the same.

SEC. 6. In case of death, impeachment, resignation, failure to qualify, ence from the state, removal from office, or other disability of the govor, the powers and duties of the office for the residue of the term, or until shall be acquitted, or the disability removed, shall devolve upon the lieuant governor.

SEC. 7. The lieutenant governor shall be president of the senate, but shall e only a casting vote therein. If during a vacancy in the office of govor the lieutenant governor shall be impeached, displaced, resign or die. from mental or physical disease or otherwise become incapable of perming the duties of his office, the secretary of state shall act as governor il the vacancy shall be filled or the disability removed.

SEC. 8. When any office shall from any cause become vacant and no mode provided by the constitution or law for filling such vacancy, the governor I have the power to fill such vacancy by appointment.

SEC. 9. Every bill which shall have passed the legislature, shall, before becomes a law, be presented to the governor. If he approve, he shall sign but if not, he shall return it with his objection to the house in which it ginated, which shall enter the objection at large upon the journal and ceed to reconsider it. If after such reconsideration, two-thirds of the mbers present shall agree to pass the bill, it shall be sent, together with objection to the other house, by which it shall likewise be reconsidered, I if it be approved by two-thirds of the members present, it shall become a ; but in all such cases the vote of both houses shall be determined by the is and nays, and the names of the members voting for and against the I shall be entered upon the journal of each house respectively. If any bill all [not] be returned by the governor within three days (Sunday excepted) er it shall have been presented to him, the same shall be a law, unless the islature shall by its adjournment prevent its return; in which case it shall filed, with his objection, in the office of the secretary of state, within ten rs after such adjournment or become a law.

SEC. 10. The governor shall have power to disapprove of any item or ms of any bill making appropriations of money embracing distinct items. the part or parts of the bill approved shall be law, and the item or items approved shall be void, unless enacted in the following manner: If the islature be in session he shall transmit to the house in which the bill origted a copy of the item or items thereof disapproved, together with his jections thereto, and the items objected to shall be separately reconsidered, each item shall then take the same course as is prescribed for the pas ge of bills over the executive veto.

SEC. 11. Any governor of this state who asks, receives or agrees to eive any bribe upon any understanding that his official opinion, judgment action shall be influenced thereby, or who gives, or offers, or promises his cial influence in consideration that any member of the legislature shall e his official vote or influence on any particular side of any question or tter upon which he may be required to act in his official capacity, or o menaces any member by the threatened use of his. veto power, or who ers or promises any member that he, the said governor, will appoint any